Can I still collect my benefits after 2 1/2 years?

by Stephanie
(Bakersfield, CA)

I exhausted my benefits in 4/2008 and applied for an extension. I continued to send the claim forms in until they didn't send me anymore. The department determined me disqualified under the "Able and Available" provision. I had to voluntary quit on 3/28/2007 because my son got very ill. HE was hemorrhaging anally and had to have catastrophic emergency bowel surgery. Consequently he now has Short Bowel Syndrome. I have been taking care of him for 2 1/2 years and as of 1/14/2010 he has finally been able to part from me for at least 6 hours. He had a central line and a g-tube and continuous medication throughout these 2 1/2 years and rehabilitation of speech, bowels and he has presented with learning disabilities. The department disqualified me because I told them that I could work nights when his father was home. His father and I were the only experts then that could take care of our son and my son's father went to work during the day to provide for the family. Can I still file for an appeal after all this time? I was just told I might be able to.

Thank You

Stephanie



Stephanie,
When was the last time you received a claim form?

I seriously doubt that you will be able to get benefits from 2 1/2 years ago because although the "able and available" disqualification only needs to be lifted vs. served or purged .. California still doesn't have an "extended base period" which allows a state to look way back at wages. Even the alternative base period which they did pass .. doesn't take effect until .. I believe it's early in 2011.

But don't take my word for it .. if someone told you that you might be able to collect .. file another claim and see what happens. All they can tell you is no.

Personally, I would have appealed the original A&A determination because if you could work nights .. and given why you would only have been available at night .. you might have won.

But it's definitely too late to file an appeal on that.